E. A. Lange Medical Co. v. Brace
Michigan Supreme Court
Error to Lenawee; O’Mealey, J. Assumpsit by the E. A. Lange Medical Company against E. J. Brace and others upon a guaranty or indemnity contract. Judgment for defendants upon a verdict directed by the court.
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Error to Lenawee; O’Mealey, J. Assumpsit by the E. A. Lange Medical Company against E. J. Brace and others upon a guaranty or indemnity contract. Judgment for defendants upon a verdict directed by the court. This is an action arising out of a contract made October 12, 1909, between the E. A. Lange Medical Company, a Wisconsin corporation engaged in the manufacture and wholesale of spices, household remedies, and proprietary articles, and E. J. Brace, a resident of Michigan, providing as follows: “Agent’s Contract. “This contract, made this 12th day of October, A. D. 1909, by and between the…
1Opinion of the CourtKuhn, J.
(after stating the facts). The question of whether or not the contract here involved relates to interstate commerce is not without difficulty. It being a Federal question, in its consideration we must necessarily be governed by the decisions of the Federal courts. Counsel for appellant rely upon the case of Butler Bros. Shoe Co. v. Rubber Co., 156 Fed. 1, 84 C. C. A. 167, in which case Judge Sanborn, in an exhaustive opinion, has gone over this subject, and, with reference to the contract there in question, stated the following:
“Let us now turn to the contracts, observe what the rubber…
2Cases cited5 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Higgins v. McCreaSupreme Court of the United States · 1886
- Neyens v. WorthingtonMichigan Supreme Court · 1908
- In re Monongahela Distillery Co.District Court, E.D. Michigan · 1910
- Atlas Engine Works v. ParkinsonDistrict Court, W.D. Wisconsin · 1908
3Cited by8 opinions
- Rex Beach Pictures Co. v. Harry I. Garson ProductionsMichigan Supreme Court · 1920
- Power Specialty Co. v. Michigan Power Co.Michigan Supreme Court · 1916
- Standard Fashion Co. v. CummingsMichigan Supreme Court · 1915
- City of Atlanta v. York Manufacturing Co.Supreme Court of Georgia · 1923
- Westerlin & Campbell Co. v. Detroit Milling Co.Michigan Supreme Court · 1925
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